In Aitchison v L & L Painting and Decorating Ltd., the Human Rights Tribunal of Ontario (HRTO) found that an employer did not discriminate against the applicant when his employment was terminated for smoking marijuana while at work, which was contrary to the employer’s “zero tolerance” policy. The applicant was employed as a seasonal painter…
Tag: Termination of Employment
Ontario Court of Appeal Rules (Again) on the Enforceability of an ESA-Only Termination Clause
The Ontario Court of Appeal has once again considered a minimum entitlements clause in an employment contract and ruled it to be generally enforceable. In Nemeth v Hatch Ltd., an employee with 19 years service was dismissed with 8 weeks’ notice of termination and 19.42 weeks’ salary as severance pay, as well as continued benefits…
Benefits Canada Publishes an Article by Thomas Agnew on Termination in Employment Contracts
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Employers Given Mixed Messages on Termination in Employment Contracts.” Employment contracts often contain clauses limiting an employee’s entitlement upon termination to the minimum entitlements under the Employment Standards Act or any other amount the employer and employee have agreed to. However, if the clauses violate the act in any way, courts may not enforce them.
Shivani Chopra Quoted in Canadian HR Reporter on Supreme Court Confirms Employers can Terminate Workers With Disabilities
Canadian HR Reporter quoted Hicks Morley’s Shivani Chopra in an August 7, 2017 article titled “Supreme Court confirms employers can terminate workers with disabilities.”
OMHRA ECHO Newsletter Features Articles by Stephanie Jeronimo and Julia Nanos
The Spring 2017 issue of OMHRA’s ECHO newsletter features two articles by Hicks Morley lawyers. Stephanie Jeronimo and Julia Nanos authored articles titled “Let’s Talk About Employment Contracts!” and…
Can Americans Who Work for Ontario Companies in the United States Opt into Ontario’s Minimum Standards?
A recent decision of the Ontario Labour Relations Board considered whether the Ministry of Labour and the Board can enforce an employment contract with an Ontario “choice of law” provision and references to the Employment Standards Act, 2000, where the work under the contract was performed mostly outside Ontario…
Supreme Court of Canada Majority Rules “Unjust Dismissal” Provisions of Canada Labour Code Prohibit Without Cause Dismissals of Non-Unionized Employees
In an important decision for federally regulated employers, Wilson v. Atomic Energy of Canada Limited, a majority of the Supreme Court of Canada has found the “unjust dismissal” provisions of Part III of the Canada Labour Code (Code) prohibit “without cause” dismissal of non-managerial, non-unionized employees with at least 12 months consecutive service, thereby allowing those employees to access the remedial relief (reasons, reinstatement, equitable relief) available under the Code.
Employer’s Egregious Mistreatment of Disabled Employee Leads to Increase in Damages Award
In a recent wrongful dismissal case, Strudwick v. Applied Consumer & Clinical Evaluations Inc., the Court of Appeal increased the amount of damages awarded to an employee from $113,782 to $240,000, for what the Court of Appeal described as “a marked departure from any conceivable standard of decent behaviour” in an employer’s treatment of its employee…
Appellate Court Considers Intentions of Parties, Finds an ESA-Only Termination Clause Valid
We previously reported on a decision in which a motion judge of the Ontario Superior Court considered…
Full Payout to End of Fixed Term Contract in Case of Early Termination, No Duty to Mitigate
In Howard v. Benson Group Inc. (The Benson Group Inc.), the Ontario Court of Appeal ruled that in the absence of an express provision specifying a pre-determined notice period or pay in lieu (for early termination without cause), on the early termination of a fixed term contract an employee is entitled to the wages the…